The trial of former Volkswagen CEO Martin Winterkorn commenced in the German city of Braunschweig on Tuesday, nearly nine years after the infamous diesel emissions scandal came to light.
Proceedings started on Tuesday, and Winterkorn is expected to issue a statement in the case shortly. The ex-chief executive had some health issues in recent times, but when asked about this by the German media, the 77-year-old replied that he had been “so-so” but felt fine on the day of the trial.
Through his attorney, Winterkorn denied any wrongdoing in relation to the diesel fraud. Felix Dörr, his lawyer, stated at the Braunschweig Regional Court that their client firmly rejects the accusations leveled against him.
Dörr emphasized that Winterkorn is neither the “main defendant” nor the “primary responsible party,” and expressed confidence in securing a favorable outcome for his client. According to his legal team, Winterkorn bears no personal blame, harmed no one, and did not lie. The trial aims to determine whether, and if so, when the former VW boss became aware of the manipulations in diesel vehicles.
On the first day of the trial, the prosecution presented its case, a document spanning more than 1,200 pages. While not all of it was read aloud, the prosecutors’ presentation lasted several hours and included quotes attributed to Winterkorn.
One such quote, allegedly made in a meeting with managers in the months leading up to the exposure of the fraud, was: “You engine guys, what have you done now?”
Winterkorn stepped down as CEO shortly after the diesel scandal broke in September 2015, repeatedly asserting over the years that he had no prior knowledge of the widespread deception.
The Braunschweig prosecutor’s office contends that over the years, the car-making giant deliberately deceived customers and regulatory authorities, selling more than 9,000,000 diesel vehicles equipped with illegal defeat devices across Europe and the USA.
These devices ensured that the cars emitted significantly fewer pollutants during testing than they did during regular on-road use.
The prosecution alleges that this illegal technology was continuously refined and developed further over time. The diesel fraud became public knowledge in 2015, and has since cost Volkswagen more than €32 billion.
The charges against Winterkorn are serious, and include commercial and gang-related fraud. The prosecution asserts that Winterkorn was aware of the illegal manipulations as early as May 2014, but deliberately kept them secret.
Additionally, Winterkorn is accused of market manipulation. Executives of publicly traded companies are legally obligated to disclose significant financial risks to the company as soon as they become aware of them. The former CEO is also facing allegations of providing false testimony to the German Bundestag’s (the country’s parliament) investigation committee.
Winterkorn has consistently denied all allegations against him. When he resigned in September 2015, he maintained that he was “unaware of any wrongdoing.” In September 2020, his defense lawyer argued that the market manipulation charge was “unfounded both factually and legally.”
When Winterkorn testified as a witness in a major civil case involving VW in February 2024, he again professed ignorance, acknowledging that while he had received multiple reports of problems with diesel vehicles in the US, he believed they were technical issues, not fraud.
The trial, which is expected to be complex and lengthy, was initially scheduled to begin three years ago, but a medical assessment following several hip surgeries deemed Winterkorn unfit to face the court at the time, leading to the case being postponed.
The Braunschweig Regional Court describes the now-commenced trial as “extraordinarily comprehensive.” With 89 sessions planned until the fall of next year, the court will revisit the diesel scandal in detail. A parallel trial involving four other former managers and engineers continues in Braunschweig, with verdicts expected as early as January.
So far, only a few individuals from the Volkswagen Group’s management have been held accountable for the emissions scandal. Former Porsche development chief Wolfgang Hatz and former Audi engine developer Giovanni Pamio admitted their involvement in the installation of illegal software and were convicted in Munich in 2023, receiving fines and suspended sentences.
Former Audi CEO Rupert Stadler, although not directly involved in orchestrating the fraud, was convicted in June 2023 for failing to stop the sale of affected vehicles after the scandal broke. He received a suspended sentence and a fine.
The question of who, if anyone, from Volkswagen’s top management was involved in the diesel fraud from the beginning remains unanswered, but maybe we’ll find out more details during this latest trial.
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